Legal issue: the constitutionality of dismissal from service in penal enforcement system of single mothers who bring up children before 14 years of age in cases of redundancy, - given that those mothers who are in a similar position but serve in the armed forces or the police are protected against dismissal.
Rаtio decidendi: the Court came to conclusion that it is necessary to extend the guarantees in question to mothers who serve in the penal enforcement system. The legislator is obliged to make regulations on the basis of the principles of equality, justice and proportionality and thus not to allow for granting different degree of guarantees to single mothers who bring up children and are found in analogous situations.
The contested regulation is deemed to be non-conformant to the Constitution in the respective part; the legislator is bound to make appropriate amendments. Until then the relevant provisions concerning single mothers employed by the police shall apply by way of analogy to those employed within the penal enforcement system.